Hi there,
I've posted here a few times previously, regarding the same topic, and I just had another question I wanted to swing by you guys.
Background: I am a Canadian citizen living in the US on a green card, my wife is a US citizen. Same-sex marriage.
My wife got a DUI back in 2010, and her probation ended on August 2nd, 2011, which will be 5 years this August, which will allow her to apply for Rehabilitation concurrently with her outland Permanent Residency Application.
My wife has been to Canada three times, twice with me on vacations, and once to initially meet me. She has never experienced any issues at the border, even though because of her DUI she would be considered Criminally Inadmissible.
The kicker is that her DUI was plead down to "Youthful Offender" which in Alabama, in essentially the same as having it expunged.
However, I've been told by many people on here, and a few lawyers, because she was technically not a youth at 18, she would still have to apply for Rehabilitation.
BUT I just want to the police department in which she received the charges and they printed out a declaration that said she has no police record or active/inactive warrants with the police department.
So... does this mean not even elected official at the police department can see that DUI? Does the word "DUI" not even technically exist anymore if she got plead down to Youthful Offender?
I'm just so confused because nobody can give me a straight answer and I want to just file it all just to be safe but Rehabilitation with create a longer wait and cost more money so if I apply and then we find out we didn't need to, I'll be really frustrated.
I'm hoping someone here has a similar experience... I'm in the midst of doing both an American and Canadian paperwork as I need to renew my GC while we wait for the Canadian package to eventually process.
I've posted here a few times previously, regarding the same topic, and I just had another question I wanted to swing by you guys.
Background: I am a Canadian citizen living in the US on a green card, my wife is a US citizen. Same-sex marriage.
My wife got a DUI back in 2010, and her probation ended on August 2nd, 2011, which will be 5 years this August, which will allow her to apply for Rehabilitation concurrently with her outland Permanent Residency Application.
My wife has been to Canada three times, twice with me on vacations, and once to initially meet me. She has never experienced any issues at the border, even though because of her DUI she would be considered Criminally Inadmissible.
The kicker is that her DUI was plead down to "Youthful Offender" which in Alabama, in essentially the same as having it expunged.
However, I've been told by many people on here, and a few lawyers, because she was technically not a youth at 18, she would still have to apply for Rehabilitation.
BUT I just want to the police department in which she received the charges and they printed out a declaration that said she has no police record or active/inactive warrants with the police department.
So... does this mean not even elected official at the police department can see that DUI? Does the word "DUI" not even technically exist anymore if she got plead down to Youthful Offender?
I'm just so confused because nobody can give me a straight answer and I want to just file it all just to be safe but Rehabilitation with create a longer wait and cost more money so if I apply and then we find out we didn't need to, I'll be really frustrated.
I'm hoping someone here has a similar experience... I'm in the midst of doing both an American and Canadian paperwork as I need to renew my GC while we wait for the Canadian package to eventually process.